Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
As another week starts, we once again have several cases in the Fire Law headlines. Let’s start with another victory for our friend and colleague, Brad Pinsky. The case involved an unfortunate interpersonal dispute in the Oyster Bay Fire Department that resulted in a member being suspended. The member filed suit under New York’s Article 78, raising several questions about the propriety of the discipline. However, the member failed to properly request an appeal before seeking judicial review. The court ruled in favor of the fire department, concluding the member’s failure to exhaust his administrative remedies was grounds for the court to deny him relief. Here is a copy of the decision:
In Akron, Ohio, a white fire captain has filed suit alleging he was passed over for promotion to district chief, in favor of a less qualified, younger black female. The suit was filed in US District Court for the Northern District of Ohio, alleging race, gender, and age discrimination under state and federal law. Here is a copy of the complaint:
In Colorado, the state firefighters association and two terminated captains of the Upper Pine River Fire Protection District have filed suit in US District Court for the District of Colorado, claiming their dismissal was retaliation for their having formed an IAFF Local. Here is a copy of the complaint.
In Massachusetts, former Fire Chief Chris Tobin has filed a wrongful termination and whistleblower suit against the Dalton Fire District. Chief Tobin, who previously served as Deputy Chief of Operations for the Greater Naples Fire Rescue District in Florida, moved to Massachusetts to take the position in January 2024. He was dismissed in January 2025 after bringing a number of legal concerns to the attention of the district board. Here is a copy of the complaint:
And finally, former FDNY Deputy Chief Anthony Saccavino was sentenced to three years in federal prison for his involvement in a bribery scheme to fast-track building inspections in the Fire Prevention Bureau. In addition Chief Saccavino will have to pay $150,000 in fines, and forfeit the $57,000 he profited from in from the scheme. More on the story.
